General Terms & Conditions of Sale

Terms and Conditions of Sale

Last updated: May 4, 2025

These General Terms and Conditions of Sale (hereinafter referred to as the "Terms") govern the use of our website as well as the terms of delivery for the products you, as a customer, order. We encourage you to read these Terms carefully before placing an order or browsing our website, as they contain important information. If you believe that any part of these Terms is incorrect, please contact us.

CONTENTS

1. WHO ARE WE?

1.1 We are FLASH MARKET, a general partnership company registered in Belgium. Our headquarters are located at 10 Avenue de l'été, 1410 Waterloo, with management offices at 17 Rue devant la Ville, 4680 Oupeye, and at 19 Rue des Églantines, 4020 Bressoux.

2. HOW TO CONTACT US?

2.1 You can contact our customer service by writing to us at contact@flashmarket.be or via our WhatsApp messaging at 0499/68.93.03.

3. TERMS AND DEFINITIONS

3.1 By browsing our website or placing an order, you agree to be bound by the terms and conditions set forth below. If you do not accept these terms, you are not authorized to use or access this site.

3.2 We would like to draw your particular attention to the following articles: Article 12 (Prices and Payment Terms), Article 14 (Limitation of Liability), and Article 15 (Indemnification).

4. YOUR REGISTRATION

4.1 You agree not to impersonate any other person or entity, nor to use a pseudonym or name that you are not authorized to use.

4.2 You guarantee that all personal information provided when creating your account is accurate, complete, up-to-date, and truthful. In case of any changes to this information, you agree to notify us immediately by updating your account details online.

5. OUR PRODUCTS

5.1 All orders are subject to acceptance and product availability, which may vary depending on the delivery country.

5.2 The product images shown on our website are for illustrative purposes only. The product you receive, including its packaging, may differ slightly from the photographs displayed on the site, notably due to your device’s display characteristics and color settings.

5.3 Each purchased product corresponds to its description. We take all necessary measures to ensure that the details, descriptions, and prices of products shown on our site are accurate. However, we cannot guarantee the absolute accuracy of the information on the site.

5.4 If you have any questions or complaints regarding a product, please contact our customer service at contact@flashmarket.be or via our WhatsApp at 0499/68.93.03.

6. YOUR ORDER

6.1 Please select the delivery country and preferred currency at checkout before completing your navigation, to ensure the accuracy of the information displayed on your screen.

6.2 To finalize your order on our website, you must click the "Confirm Order" button at the end of the purchase process. A series of instructions will guide you throughout the process.

6.3 You will have the opportunity to review your order details, including the delivery country, before proceeding to payment. You may also make changes before finalizing the transaction.

6.4 A confirmation email detailing the products you ordered will be sent to you. However, this email does not constitute acceptance of your order. Acceptance occurs when the ordered product(s) are shipped.

6.5 A unique number will be assigned to your order. This number will be required for any correspondence related to your order.

6.6 If we are unable to process your order, we will notify you in writing (via the email address provided), and you will not be charged for the products. If the payment has already been debited prior to the refusal, a refund will be issued to you.

Please note that banks may take up to seven (7) days to transfer the funds.

Order refusal may be due to:

• (1) the desired product being out of stock,

• (2) your payment not being authorized,

• (3) an error in the product price or description,

• (4) unexpected limitations of our resources that we could not anticipate.
  

6.7 The contract will always be concluded in French.

7. MODIFYING YOUR ORDER

7.1 If you need to change the delivery address details for your order, please contact our customer service before the order is shipped. Make sure to have your order number, personal information, and date handy.

7.2  We will not be able to add or remove products from your order once it has left our warehouse for delivery. If you wish to add additional products, you will need to place a new order.

8. DELIVERY

8.1 You are responsible for providing complete and accurate shipping information. We disclaim all liability for any inaccurate or incomplete information provided by you.

8.2 Once your order is verified, a list of available delivery countries will be displayed. Delivery times may vary depending on the destination, and we will confirm shipment once it has been dispatched.

8.3 Shipping fees will be clearly indicated on our website before you finalize your order. We encourage you to carefully review these fees, which you agree to pay when confirming your order.

8.4 Please note that if you opt for personalized services provided by our delivery partners (including, but not limited to, delivery to a neighbor or secure storage), we disclaim any responsibility for loss, damage, or delivery delays of your item.

8.5 As soon as your product leaves our warehouse, we will send you a shipment confirmation email. Please note that products may be delivered in individual packages and that your signature may be required upon receipt.

9. DROIT DE RÉTRACTATION ET D’ANNULATION

9.1 You have the option to terminate the contract, at your sole discretion, within fourteen (14) days from the receipt of the ordered products, either by yourself or by a person designated by the delivery provider. In the case where your order consists of multiple packages, the period starts from the receipt of the last package. You may exercise this right of withdrawal, provided it is done within a maximum period of fourteen (14) days.

Please note that this does not apply to the purchase of food products.

9.2 When making an online purchase, you benefit from the withdrawal rights detailed below. If you reside in the European Union or the United Kingdom, you enjoy these rights under the European Consumer Rights Directive No. 83/2011, the 2013 European Consumer Contracts Regulation, as well as Article L.121-21 of the French Consumer Code. However, this right of withdrawal and cancellation does not apply to the purchase of food products.

9.3 To exercise your right of withdrawal, you must inform us by email at contact@flashmarket.be, providing a clear statement indicating your wish to terminate the contract.

Using the withdrawal form model below is optional.

9.4 To meet the withdrawal deadline, it is sufficient to send the withdrawal form within the allotted period.

9.5 Non-compliance

In the rare case that you receive a damaged, defective, or non-conforming product, you may cancel your order and receive a refund or request a replacement within twenty-four (24) months from the receipt of the product, or if the order includes multiple packages, from the receipt of the last package related to the order.

Refund:

• We will refund the product within thirty (30) days following the receipt of the returned product, using the same payment method used for the initial order.

• Refunds will be made in the currency used at the time of purchase.

• We will refund not only the product but also the shipping and return costs.

• We recommend keeping proof of shipment for any refund request.

How to return an item?

If you wish to report a damaged, defective, or incorrectly described item, please contact our customer service by email at contact@flashmarket.be. Our team will guide you through the necessary steps.

Return procedure:

1. Initial contact: Send an email to our customer service specifying your order number, a description of the issue, and if possible, photos of the product concerned.

2. Validation: After reviewing your request, we will confirm whether the return is authorized and provide you with the necessary instructions and a return label if applicable.

3. Package preparation: Carefully pack the item in its original packaging or equivalent, including proof of purchase (invoice or order confirmation).

4. Shipment: Return the package to the address provided following the instructions given by our customer service. Keep proof of shipment until confirmation of processing.

5. Refund or replacement: Once the item is received and inspected, we will either send a replacement product or issue a refund within 30 days, according to your choice.

9.6 Withdrawal form model (Please complete and return this form only if you wish to exercise your right of withdrawal)

To FLASH MARKET, Email address: contact@flashmarket.be I/We* hereby notify you of my/our* withdrawal from the contract for the following order:

• Product(s) concerned: ______________________________________________ Ordered on (date) / Received on (date): ______________________________________

• Name of consumer(s): _____________________________________

• Address of consumer(s): __________________________________

• Signature of consumer(s) (only if this form is notified on paper):

• Date: ___ / ___ / ______

(*) Delete as applicable.

Please note that this does not apply to the purchase of food products.

10. DISCOUNT CODES

10.1 Use of discount codes

Only one discount code can be used per order. Any attempt to use multiple coupons in the same order may result in the cancellation or refusal of the order, at our discretion.

The use of discount codes is subject to the specific conditions that accompany them. These conditions may include user eligibility, validity period, applicable product categories, as well as minimum or maximum order amounts.

11. PRICES AND PAYMENT TERMS

11.1 The prices displayed on our website are shown in euros (EUR), including all taxes (VAT), or in any other currency we may occasionally offer. These prices may be changed at any time without prior notice.

11.2 The price applicable to your order will be the one indicated in the confirmation email you receive after validating your order. Despite our vigilance, errors affecting the price or VAT rate displayed for certain products may occur.

11.3 If you pay with a bank card linked to an account denominated in a currency different from that used during your order, currency conversion fees or additional commissions may be charged by your bank.

11.4 We accept the payment methods specified on our website at the time of the order.

11.5 Payment for the order is due immediately. The total amount will be charged as soon as you click the “Order and Pay” button at the end of the checkout process.

11.6 If you choose direct payment, your card information will be securely processed and stored by Wix Inc., in compliance with PCI-DSS (Payment Card Industry Data Security Standard). This information is encrypted and retained only as long as necessary to complete the transaction. Once the purchase is confirmed, transaction data is automatically deleted. All payment systems offered comply with the security standards established by the PCI Security Standards Council, in partnership with payment networks such as Visa, Mastercard, American Express, and Discover.

12. LIMITATIONS RELATED TO DELIVERY AND PRODUCT RESTRICTIONS

We may be unable to deliver certain products due to legal, regulatory, or logistical restrictions specific to your country of residence or to the type of product concerned. FLASH MARKET disclaims all liability in the event of inability to sell or deliver a product for such reasons beyond our control.

If such restrictions come into effect after you have placed your order, we commit to informing you as soon as possible and, if necessary, to cancel the order and fully refund any amounts already paid.

13. OUR ONLINE STORE

13.1 Hosting and Order Processing

Our online store is hosted by Wix, which provides us with the e-commerce platform necessary to market our products. As a service provider, Wix processes orders as well as payments made on our site. By confirming your order, you expressly agree that Wix is responsible for the technical processing of your purchase, in accordance with its own terms of use and data processing policies. For more information regarding payment terms, please refer to section 12.

13.2 Data Storage and Security

Your personal data is stored in secure databases and applications provided by Wix, in compliance with its data retention policies. They are hosted on servers protected by firewalls and strict security measures, ensuring their integrity, confidentiality, and protection against unauthorized access.

14. LIMITATION OF LIABILITY

14.1 If we fail to comply with our obligations under these terms and conditions, we shall only be liable for any loss or damage you suffer that is a foreseeable result of our breach or negligence. A loss or damage is considered foreseeable if it is obvious it will occur or if, at the time the contract was made, both parties knew it might occur. We shall not be liable for any unforeseeable losses or damages.

14.2 We do not exclude or limit our liability in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or if your legal rights as a consumer are violated.

14.3 The products we offer are intended strictly for personal and domestic use. We shall not be held liable for any loss of income, business loss, business interruption, or loss of business opportunity if our products are used in a professional, commercial, or resale context.

14.4 o the extent permitted by law, our liability — whether contractual, tortious (including negligence), pre-contractual or otherwise — shall not be incurred under these Terms and Conditions for the following:

• Any economic loss, including but not limited to loss of revenue, profits, contracts, business, or anticipated savings;

• Any indirect, special, incidental, or consequential damages arising from or related in any way to these Terms and Conditions;

• Any loss of goodwill, brand image, or harm to reputation.

14.5 We do not guarantee that our website, hosted by Wix, or our online store will meet your specific expectations, or that they will be free from interruption, available continuously, on time, or error-free. We cannot guarantee that defects will be corrected, that the website or its server will be virus- or bug-free, or that the site will provide complete functionality, accuracy, or reliability.

14.6 We reserve the right to suspend or withdraw all or part of our website at any time, without notice or liability on our part.

14.7 Unfortunately, no data transmission over the Internet can be completely secure. While we do our utmost to protect your information, we cannot guarantee its absolute security. Therefore, any information you transmit to us is at your own risk. Likewise, despite all reasonable precautions taken, we cannot guarantee that the data or information processed by Wix on our behalf will be secure.

14.8 While we make reasonable efforts to ensure the accuracy of the information published on our site, we cannot guarantee its absolute precision, whether express or implied. This site is provided “as is” and “as available,” without any representation or endorsement of any kind. We make no warranties, express or implied, regarding this site or any transactions conducted on or through it, including but not limited to implied warranties of fitness for purpose, security, accuracy, completeness, or terms arising from trade practices, usage, or course of dealing.

14.9 To the extent permitted by applicable law, we make no express or implied warranties regarding the products. However, this does not affect your statutory rights as a consumer or your right of withdrawal.

15. INDEMNIFICATION BIS

15.1 You agree to indemnify us, as well as our affiliates, officers, directors, employees, and suppliers, against any claims, losses, damages, or liabilities resulting from your violation of these Terms and Conditions, your use of this site, or any consequence related to the use of your personal information to access our website. This indemnification shall apply upon request and must be immediate and full.

16. PERSONAL DATA

16.1 We will make every effort to secure your order and payment information. However, unless negligence on our part is proven, we cannot be held liable for any loss suffered by third parties as a result of unauthorized access to the personal information you provide to us during your visit or when placing an order on our website.

17. THIRD-PARTY SITES

17.1 It is prohibited to create a link to our site in a way that suggests any association, approval, or endorsement on our part. Our site may not be embedded into another site, and you may only create a link to the homepage—not to any other part of our site.

17.2 To offer greater convenience to our customers, our website may contain links to other websites or documents over which we have no control. We accept no responsibility for these sites or their content. We do not review or endorse them, and we cannot be held liable for their privacy practices or content. Likewise, we are not responsible, directly or indirectly, for any damage, loss, or offense that may arise from the use of or reliance on any advertising, content, products, services, or external resources provided on such sites.

18. REVIEWS

18.1 By submitting a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. We also reserve the right, at our discretion, to use the name you submitted in connection with the content.

18.2 You warrant that the content of any submitted comment is accurate and does not infringe on the rights of any person or entity. In particular, you confirm that the content is neither defamatory nor discriminatory.

19. COMPLIANCE WITH LEGISLATION

19.1 This website must be used exclusively for lawful purposes and in full compliance with the law. You agree to comply with all applicable laws, rules, and regulations relating to the use of the site and any transactions carried out on or through it.

20.  AGE RESTRICTIONS

20.1 By using this site, you declare that you have reached the legal age of majority in your country, state, or territory of residence. If you are not of legal age, you may not access this site without the permission of a parent or legal guardian, and you acknowledge that you are responsible for complying with all local laws and regulations regarding the use of the site.

21. INTELLECTUAL PROPERTY

21.1 You acknowledge and agree that the media and content on this site are intended for your personal, non-commercial use only. Any other use of the media and content on this website is strictly prohibited. You agree not to reproduce, duplicate, transmit, publish, display, distribute, commercially exploit, or create derivative works from such materials and content (and not to assist or facilitate any third party in doing so). You also agree not to modify, alter, remove, or bypass any proprietary markings, including trademarks and copyrights, contained in the site’s content.

21.2 You acknowledge and agree that all copyrights, trademarks, and all other intellectual property rights in all materials and content provided on our website remain our exclusive property at all times. No rights are transferred to the user, unless expressly stated in these terms and conditions. Any unauthorized use of our content may result in legal action.

22. DELAYS AND EVENTS BEYOND OUR CONTROL

22.1 We shall not be held liable for any delay or failure in the delivery of products caused by events beyond our reasonable control. This includes, but is not limited to, events such as strikes, wars, natural disasters, network failures, acts of terrorism, government restrictions, disruptions in transportation services, or other unforeseen or unavoidable events beyond our reasonable control. If such an event occurs, we will do our best to minimize delays and keep you informed about the status of your order.

23. SEVERABILITY

23.1 If any provision of this agreement is declared illegal, void, or unenforceable for any reason by a competent authority, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these terms and conditions. The other provisions shall remain fully in force and continue to apply to the fullest extent permitted by law.

24. APPLICABLE LAW AND JURISDICTIONS

24.1 These Terms and Conditions are governed by and construed in accordance with Belgian law. Any dispute relating to their interpretation, validity, or enforcement shall be subject to the exclusive jurisdiction of the Belgian courts. The parties expressly agree that only the Belgian courts shall have jurisdiction to hear any dispute.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from the application of these Terms and Conditions.

25. AMENDMENTS

25.1  We reserve the right to modify these Terms and Conditions from time to time. Any changes will be posted on our website and will take effect upon publication. Changes will not apply to orders placed before the effective date of the modifications. It is your responsibility to regularly review the Terms and Conditions to stay informed of any updates.

26. THIRD-PARTY RIGHTS

26.1 No other person shall have any rights under this agreement. This contract is between you and us. No third party has the right to enforce any of its terms unless expressly stated in the Terms and Conditions or otherwise required by law. This contract does not confer any rights on third parties nor create any obligations or liabilities towards them.

27. ENTIRE AGREEMENT

27.1 These Terms and Conditions constitute the entire agreement between you and us concerning the subject matter herein. They supersede and replace any prior discussions, negotiations, or agreements, whether written or oral, relating to this subject. No other terms or conditions, unless expressly agreed in writing by both parties, shall be incorporated into this agreement.